158BFA. (1) Where the return of total income
including undisclosed income for the block period, in respect of search
initiated under section 132 or books of account,
other documents or any assets requisitioned under section
132A on or after the 1st day of January, 1997, as required by a notice
under clause (a) of section 158BC, is
furnished after the expiry of the period specified in such notice, or is not
furnished, the assessee shall be liable to pay simple interest at the rate of 5[one] per cent of the tax on undisclosed income,
determined under clause (c) of section 158BC,
for every month or part of a month comprised in the period commencing on the
day immediately following the expiry of the time specified in the notice, and—

(a)where the return is furnished after the expiry
of the time aforesaid, ending on the date of furnishing the return; or

(b)where no return has been furnished, on the
date of completion of assessment under clause (c) of section 158BC.

(2) The
Assessing Officer or the Commissioner (Appeals) in the course of any
proceedings under this Chapter, may direct that a person shall pay by way of
penalty a sum which shall not be less than the amount of tax leviable but which
shall not exceed three times the amount of tax so leviable in respect of the
undisclosed income determined by the Assessing Officer under clause (c)
of section 158BC :

Provided that no order imposing penalty shall be made
in respect of a person if—

(i)such person has furnished a return under
clause (a) of section 158BC;

(ii)the tax payable on the basis of such return
has been paid or, if the assets seized consist of money, the assessee offers
the money so seized to be adjusted against the tax payable;

(iii)evidence of tax paid is furnished along with
the return; and

(iv)an appeal is not filed against the assessment
of that part of income which is shown in the return :

Provided
further that the provisions
of the preceding proviso shall not apply where the undisclosed income
determined by the Assessing Officer is in excess of the income shown in the
return and in such cases the penalty shall be imposed on that portion of
undisclosed income determined which is in excess of the amount of undisclosed
income shown in the return.

(3) No order
imposing a penalty under sub-section (2) shall be made,—

(a)unless an assessee has been given a reasonable opportunity of
being heard;

(b)by the Assistant Commissioner 6[or Deputy Commissioner] or the Assistant Director 6[or Deputy Director], as the case may be,
where the amount of penalty exceeds twenty thousand rupees except with the
previous approval of the 7[Joint] Commissioner or the 7[Joint] Director, as the case may be;

(c)in a case where the assessment is the subject-matter of an appeal
to the Commissioner (Appeals) under section 2468[or section 246A]
or an appeal to the Appellate Tribunal under section
253, after the expiry of the financial year in which the proceedings, in
the course of which action for the imposition of penalty has been initiated,
are completed, or six months from the end of the month in which the order of
the Commissioner (Appeals) or, as the case may be, the Appellate Tribunal is
received by the Chief Commissioner or the Commissioner, whichever period
expires later;

(d)in a case where the assessment is the subject-matter of revision
under section 263, after the expiry of six months
from the end of the month in which such order of revision is passed;

(e)in any case other than those mentioned in clauses (c) and (d),
after the expiry of the financial year in which the proceedings, in the course
of which action for the imposition of penalty has been initiated, are
completed, or six months from the end of the month in which action for
imposition of penalty is initiated, whichever period expires later;

(f)in respect of search initiated under section
132 or books of account, other documents or any assets requisitioned under section 132A, after the 30th day of June, 1995 but
before the 1st day of January, 1997.

Explanation.—In computing the period of limitation for the
purpose of this section,—

(i)the time taken in giving an opportunity to the assessee to be
reheard under the proviso to section 129;

(ii)the period during which the immunity granted under section 245H remained in force; and

(iii)the period during which the proceedings under sub-section (2) are
stayed by an order or injunction of any court,

shall be excluded.

(4) An income-tax authority on making an order under sub-section (2)
imposing a penalty, unless he is himself an Assessing Officer, shall forthwith
send a copy of such order to the Assessing Officer.]